Tree of Life Christian School won’t be moving its students to Upper Arlington anytime soon after
a federal judge threw out its discrimination lawsuit against the city yesterday.

U.S. District Judge George C. Smith ruled that Tree of Life’s claim of discrimination cannot be
judged by the court because the school did not attempt to have the property’s zoning changed so a
school would be permitted there.

The school bought the former America Online building at 5000 Arlington Centre Blvd. off
Henderson Road in 2010 with plans to consolidate four other campuses accommodating 660 students.
The property’s zoning prohibited a school at the site but under certain conditions allowed
churches.

Tree of Life argued that, because it provides Christian-based instruction, it is virtually
indistinguishable from a church.

Upper Arlington advised Tree of Life to seek rezoning of the property. Instead, the school filed
the federal lawsuit, arguing that the city’s zoning discriminated against religion.

Smith wrote in his 24-page opinion that “the decision to allow churches but not schools ... is
quite rational and by no means suggests any type of discrimination.”

While saying he is sympathetic to the school’s situation, Smith said that Tree of Life bought
the property fully aware that its zoning prohibited schools.

Jeanine A. Hummer, city attorney for Upper Arlington, said city officials are pleased with the
judge’s decision.

“It’s consistent with what we believe is the law,” she said.

The Alliance Defense Fund, based in Scottsdale, Ariz., had filed the lawsuit on behalf of Tree
of Life.

Alliance attorney Erik E. Stanley said the school hasn’t decided if it will appeal the decision
or if it will request that the property be rezoned.

“Those are the kinds of things we’ll be talking about in the coming days,” he said.

The 254,000-square-foot property includes seven buildings and also was previously occupied by
CompuServe. It is the largest office building in Upper Arlington and provided significant tax
revenue for the city when it was occupied by businesses.